A police officer who fired six shots at a man who was running away after a car chase in north Belfast was prosecuted but acquitted at court of attempting to cause the man grievous bodily harm.
The case was taken to court after an investigation by the Police Ombudsman's Office into the circumstances in which the shots had been fired.
The incident happened on 14 March 2007 after a police patrol attempted to stop a green-coloured Rover car which they believed was connected to two recent murders arising from a criminal feud.
The car, which was being driven by Man A and had no other occupants, was spotted by police at around 4.50pm near the Oldpark Road in Belfast. A two man police patrol activated the sirens and flashing lights on their unmarked patrol car, but Man A failed to stop.
After a short vehicle pursuit lasting about one minute, Man A drove the car into Ardilea Drive and, just before it came to a halt, opened the driver's door and ran from the vehicle. The car continued to move forward after he got out.
Police Officer 2, who had been driving the police car, ran to the Rover and managed to stop it before it collided with anything. Meanwhile, Police Officer 1 began to chase Man A on foot as he ran off towards the Gracehill area.
Police Officer 1 gave chase on foot for about 300 metres along streets, paths and alleyways in the Ardilea Drive, Gracehill, Mayfair Court, Oldpark Court and Ballycastle Court areas.
Officer said man stopped and pointed a handgun at him four times.
On four occasions during this pursuit, Police Officer 1 said Man A had turned around and pointed a handgun at him. The officer said he responded by discharging shots at Man A on each of those occasions - twice firing two shots in quick succession, and twice a single round. All six shots missed Man A.
One of the shots passed through a glazed door panel of a nearby house before embedding itself in a hallway wall.
The pursuit ended when the officer lost sight of Man A at Ballycastle Court. Man A continued running through Ballymena Court and across Ballymoney Street before entering the Henry Joyce Bar
As is normal protocol when police officers use live fire, the Police Ombudsman's Office was informed about the incident by police.
Police Ombudsman investigators went to the scene and co-ordinated forensic, photographic and mapping personnel, as well as search teams, to gather, record and preserve relevant evidence.
Evidence recovered included:
- the pistol used by Police Officer 1,
- the Rover car, which was submitted for forensic analysis
- the spent cartridges ejected by the officer's gun during the chase
- all relevant police documentation and recordings
- accounts from over 25 witnesses, including Police Officers 1 and 2, Man A and civilian witnesses
Given that the chase happened in late afternoon, there were many people in the area at the time, including young children playing. Many people saw parts of what happened, but no independent witness saw the full course of the pursuit.
No witness apart from the officer believed the man to have been armed.
No witness apart from Police Officer 1 believed Man A to have been armed. No handgun, other than the one used by Police Officer 1, was recovered during follow up searches.
In his statement, Man A said he had panicked when police had initially tried to pull him over as he did not have a driving licence or insurance for the car. He said he had nothing in his hands when chased on foot.
Having assessed the evidence, the Police Ombudsman concluded that there was no reasonable justification for the use of such potentially lethal force by Police Officer 1. He considered that such use of force represented a breach of criminal law.
Officer prosecuted but jury found him not guilty after three week trial.
A file of evidence was submitted to the Public Prosecution Service, which subsequently directed that Police Officer 1 should be prosecuted on four counts of attempting to unlawfully wound Man A with intent to cause him grievous bodily harm.
Police Officer 1 appeared at Belfast Crown Court in May 2010. After a three week trial, the jury found him not guilty.
The Police Ombudsman then considered whether Police Officer 1 should face disciplinary action, but concluded that all relevant issues had been aired at court and there were no grounds for any further action.